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Judge Partially Grants MSJ for Plaintiff in FDCPA Case

Account Recovery

A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant is a debt collector, and the debt in question …

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U.S. Court of Appeals Issues Important Ruling on Time Limits to Sue Under Fair Debt Collection Practices Act

Foster Swift

Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA) [1]. On March 1, 2023, the U.S. The decision, in Bouye v.

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Daily Digest – May 30. Suit Accuses Collector of Failing to Honor Agreement; Judge Grants MSJ For Defense Over Disputed Debt

Account Recovery

LAWSUIT ACCUSES COLLECTOR OF FAILING TO HONOR AGREEMENT BECAUSE PAYMENT WAS TWO DAYS LATE A plaintiff has filed a Fair Debt Collection Practices Act lawsuit against a defendant for holding the plaintiff to the letter of a settlement agreement, claiming that the defendant violated the statute and breached an agreement between the two parties because (..)

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Judge Finds Plaintiff has Standing, but Still Grants MSJ for Defendant in FDCPA Case Over Disputed Debt

Account Recovery

A District Court judge in Illinois has ruled that a plaintiff in a Fair Debt Collection Practices Act case has suffered a concrete injury based on the communication of inaccurate information to a credit reporting agency, which created an “intangible, …

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Bill Introduced in Congress to Expand FDCPA to Cover Small Businesses

Account Recovery

A bill has been introduced in Congress that would expand the Fair Debt Collection Practices Act to cover small business debts in order to protect those companies from “harassment” by third-party debt collectors, according to the bill’s sponsor.

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CFPB Submits 2020 Report to Congress on the Administration of the Fair Debt Collection Practices Act

Consumer Finance

The Consumer Financial Protection Bureau (CFPB) released today the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA).

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Appeals Court Affirms Dismissal of FDCPA Suit Related to Serving Complaint in Person During Pandemic

Account Recovery

The Court of Appeals for the Sixth Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case for lack of standing, ruling that the plaintiff was not injured when he was served in person with a collection lawsuit during the initial months of the COVID-19 pandemic nor because the defendant failed to … The post Appeals Court (..)